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ELWARD v. BENICORP INS. CO.

No. 301cv870 AS.

201 F.Supp.2d 939 (2002)

Michael W. ELWARD, Plaintiff, v. BENICORP INSURANCE COMPANY, and Beauchamp & McSpadden Agency, Inc, Defendants.

United States District Court, N.D. Indiana, South Bend Division.

March 21, 2002.

Attorney(s) appearing for the Case

Edward L. Murphy, Jr., Fort Wayne, IN, for plaintiff.

Andrew W. Hull, Alice M. Morical, Michael E. Brown, Indianapolis, IN, for defendant.

MEMORANDUM AND ORDER

ALLEN SHARP, District Judge.

This cause is before the Court on a Motion of Dismiss Count One of the Plaintiff's complaint. The case was removed from state court to this Court on December 7, 2001. Defendant, Benicorp Insurance Company (Benicorp) filed a motion stating Count One was preempted by ERISA and should therefore be dismissed. The Plaintiff claims that, at this point in the litigation, it is too early to know if the claim...

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